Located within the areas of special flood hazard established in Section 4.08.040, are small streams where no base flood data has been provided or where no floodways have been identified. The following provisions apply within such areas:
(a) No encroachments, including fill, new construction, substantial improvements or new development shall be permitted within one hundred feet of the stream bank unless certification with supporting technical data by a registered, professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
(b) If subsection (a) of this section is satisfied and base flood elevation data is available from other sources, all new construction and substantial improvements within such areas shall comply with all applicable flood hazard ordinance provisions of Article IV of this chapter and shall be elevated or floodproofed in accordance with elevations established in accordance with Section 4.08.150(j). Data from preliminary, draft, and final flood insurance studies constitutes best available data. If an appeal is pending on the study in accordance with 44 CFR Ch. 1, Part 67.5 and 67.6, the data does not have to be used. When base flood elevation data is not available from a federal, state, or other source, the lowest floor shall be elevated at least three feet above the highest adjacent grade. (Ord. O-13-06 (part), 2006)